[Federal Register: July 5, 2005 (Volume 70, Number 127)]
[Notices]               
[Page 38680-38681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy05-56]                         

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FEDERAL DEPOSIT INSURANCE CORPORATION

 
Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice of information collection to be submitted to OMB for 
review and approval under the Paperwork Reduction Act of 1995.

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SUMMARY: In accordance with requirements of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the FDIC hereby gives notice that it 
plans to submit to the Office of Management and Budget (OMB) a request 
for OMB review and approval of the information collection system 
entitled ``Account Based Disclosures in Connection with Federal Reserve 
Regulations E, CC and DD.''

DATES: Comments must be submitted on or before August 4, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
All comments should refer to ``Account Based Disclosures in Connection 
with Federal Reserve Regulations E, CC and DD, 3064-0084.'' Comments 
may be submitted by any of the following methods:
     http://www.FDIC.gov/regulations/laws/federal/propose.html..     E-mail: comments @FDIC.gov. Include ``Deposit Broker 

Processing, 3064-0143'' in the subject line of the message.
     Mail: Leneta G. Gregorie (202) 898-3719, Counsel, Room MB-
3082, Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429.
     Hand Delivery: Comments may be hand-delivered to the guard 
station at the rear of the 17th Street Building (located on F Street), 
on business days between 7 a.m. and 5 p.m.
    A copy of the comments should also be submitted to the OMB desk 
officer for the FDIC: Mark Menchik, Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 3208, Washington, DC 20503, or by electronic mail 
to mmenchik@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Leneta Gregorie, (202) 898-3719, or at 
the address above.

SUPPLEMENTARY INFORMATION:

Proposal To Revise the Following Currently Approved Collection of 
Information

    Title: Account Based Disclosures in Connection with Federal Reserve 
Regulations E, CC, and DD.
    OMB Number: 3064-0084.
    Affected Public: State chartered banks that are not members of the 
Federal Reserve System.
    Information About the Collection and Proposed Changes to it: This 
FDIC information collection provides for the application of Regulations 
E (Electronic Fund Transfers), CC (Availability of Funds), and DD 
(Truth in Savings) to State nonmember banks.
    Regulations E, CC, and DD are issued by the Federal Reserve Board 
of Governors (FRB) to ensure, among other things, that consumers are 
provided adequate disclosures regarding accounts, including electronic 
fund transfer services, availability of funds, and fees and annual 
percentage yield for deposit accounts. The FDIC is providing this 
notice in order to keep its Office of Management and Budget (OMB)

[[Page 38681]]

approved information collection consistent with changes the FRB 
proposed to Regulation E, 12 CFR part 205, (69 FR 55996, Sept. 17, 
2004). Currently, Regulation E requires respondents to provide 
disclosures of basic terms, costs, and rights relating to electronic 
fund transfer services.
    If the proposed changes to Regulation E are made final, State 
nonmember banks will need to modify their Regulation E disclosures to 
provide initial disclosures that electronic check conversion 
transactions are a new type of transfer that can be made from a 
consumer's account. The FDIC estimates that it will require 
institutions, on average, one business day to reprogram and update 
systems to include the new notice concerning electronic check 
conversion disclosure to their ongoing Regulation E disclosure 
requirements. The one-time burden would be 42,400 hours (8 hours x 
5,300 respondents).
    If the proposed changes to Regulation E are made final, 
institutions involved in offering payroll card accounts will be 
required to ensure compliance with Regulation E and provide disclosure 
of basic terms, costs, and rights relating to electronic fund transfer 
services in connection with the payroll card account. Certain 
information must be disclosed to consumers, including: Initial and 
updated electronic fund transfer terms, transaction information, 
periodic statements of activity, the consumer's potential liability for 
unauthorized transfers, and error resolution rights and procedures. The 
disclosures are standardized and machine-generated and do not 
substantively change from one individual account to another; thus, the 
average time for providing the disclosure to all consumers should be 
minimal.
    The FDIC estimates that five State nonmember banks participate in 
payroll card account programs and that each institution will make 
approximately 5,000 disclosures which will require an average of 1.5 
minutes per disclosure to prepare and distribute, resulting in 625 
hours of annual burden. The FDIC estimates that the five institutions 
will take, on average, 7 hours to prepare and distribute 12 periodic 
statements for an annual burden of 420 hours. The FDIC estimates that 
the five respondents will take, on average, 30 minutes for eight error 
resolution procedures for a total of 20 hours. The payroll card account 
disclosures would add 1,065 hours of ongoing burden to the current 
annual Regulation E burden of 28,930 hours.
    At this time, the FDIC does not believe that any State nonmember 
banks are engaged in electronic check conversion transactions as a 
merchant or payee. The FDIC is not proposing to make any changes to the 
Regulation CC or DD parts of the OMB approved information collection. 
The FDIC's burden estimate is based on the FRB's proposed rule; we will 
adjust it as necessary to make it consistent with the FRB's final rule.

Request for Comment

    Comments are invited on: (a) Whether the collection of information 
is necessary for the proper performance of the FDIC's functions, 
including whether the information has practical utility; (b) the 
accuracy of the estimates of the burden of the information collection, 
including the validity of the methodology and assumptions used; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (d) ways to minimize the burden of the information 
collection on respondents, including through the use of automated 
collection techniques or other forms of information technology. All 
comments will become a matter of public record.

    Dated in Washington, DC, this 28th day of June, 2005.

Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 05-13115 Filed 7-1-05; 8:45 am]

BILLING CODE 6714-01-P